High-stakes TCPA litigation has proliferated in recent years due, in part, to changes and ambiguity in the law. Richard possesses the industry-specific experience to assist marketers with the complexities of the TCPA and other telemarketing regulations, both in litigation and compliance counseling.

Telemarketing Law Compliance Counseling

Telemarketing-related litigation is often a lengthy and expensive proposition. Preventing such lawsuits via proactive risk mitigation marketing strategies is ideal. Marketers that are able to demonstrate that written policies, procedures and training protocols have been implemented may be able to avoid litigation.

Richard advises consumer-facing businesses on a variety of regulatory and commercial issues related to the Telephone Consumer Protection Act and telemarketing issues, including compliance protocols and policies. He is adept at identifying areas of risk and is considered an authority on a range of issues involving the interplay between lead generation and telemarketing, including statutes that regulate the telemarketing channel.

His practice includes drafting and negotiating telemarketing contracts, and counseling those engaged in telemarketing and text message campaigns nationwide, including:

Telemarketers

Pay-per-call networks

Affiliates

Lead generators

Lead Aggregators

Billing Aggregators

Call centers

List brokers and managers

Fulfillment centers

Product and service providers

Retailers

Platform providers

As a telemarketing compliance lawyer, Richard’s practical experience is a benefit to those interested in solidifying their telemarketing business practices and compliance protocols in order to ensure that they withstand the scrutiny of the Federal Trade Commission, state Attorneys General, the Federal Communications Commission and class action lawyers.

Telemarketing compliance necessarily involves considering evolving state and federal requirements. Richard assists his clientele to comply with and stay current on regulatory compliance requirements and best practices, including:

TCPA Litigation Defense

Richard possesses substantial experience advising and defending telemarketers, including lead generators and aggregators, against Telephone Consumer Protection Act claims of direct and vicarious liability. He has litigated complex telemarketing cases in multiple jurisdictions, including an insurance lead aggregator in a multi-million dollar TCPA class action, and has successfully assisted clients assess and secure insurance coverage for TCPA claims,. His counsel also involves matters of “rogue” third-party sender conduct and related indemnification claims.

Potential liability for violating the TCPA is astronomical. It provides for penalties of $500-$1,500 for each call, text message or fax that violates the statute, without any cap on aggregate damages.

It is crucial that you have experienced telemarketing counsel to keep you fully informed of the rapidly changing legal trends, to assess and remedy existing compliance vulnerabilities, to skillfully represent your interests in the event of a regulatory investigation, and to aggressively litigate in the event that your business is named in a class action lawsuit.

Contact a telemarketing compliance lawyer for assistance with designing and implementing preventative telemarketing compliance measures, or with the defense of a telemarketing-related investigation or litigation matter.